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LINTON, DISTASIO, ADA
.By: AnthonvR rsoo~:_ ..MS.&KAUFF ~ ~
Attorney iD~ ,~~u, v-,squire ~IA,,, ....
~720 Mineral Snrin-~-'~,, I~ .....
~eadine, PA ~.~.~s~,au, r.O. ~ox 461
(610)37~7320 ~-,-~,o-~,~
~ ~A'I'IONAL BANK IN THE COURT OF COMMO
u~-~t ~, i~ENNSYLVANiA
CIVIL ACTION . LAW
vs No. t~l-~ YS~.~ ~
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
husband and wife,
joinzly and severally,
Defendants
CONFESSION OF JUDGMENT
COMI~LAINT
I. Plaintiff, First Union National Bank, successor by merger to CoreStates Bank, N.A. is
a national bank organized under fl~e laws of ~e United Sta~es, wi~ an office address of 123 Soufl~
Broad Street, Philadelphia, ~iladelphia County, Pennsylvania, 19109.
2. Defendants, Ronald B. Clippinger and Nancy K. Clippinger, arc adult individuals
whose last known address is 351 North Street, Carlisle, Cumberland County, Pennsylvania 17013.
On December 17, 19~ff7, r~e Defendant, Ronald B. Clippinger, made, executed and
~livered to CoreSta~es Bank, N.A. a Small Business Line Of Credit Agreement (fl~e "Agreement',) in
· e principal amount of Twenty-Five Thousand Dollars ($25,000.00), evidencing ~e obligation of
Defendan~ to repay a commercial loan made ~at day to Defendant by CoreStates Bank, N.A. A copy
of said Agreement is a~a~ hereto as E~ibit
4. As par~ of ~e Consideration and inducement to Core. States Bank
Agreement, ~e Defendam, Nancy K. Clippinger, execu[~ and delivered to CoreSta~s Bank a
Guaranty, wl~ich guarantees r~e aforementioned commercial Agreement.
· ercby beCOme uncondmonally bOun ,~ ^,,: ..... Defendant agreed to and did
· ' ~u~ mr any and all indebtedness
incurred by the Debtor, plus all costs and expenses, including attorney's fees and legal expenses. The
Guaranty is evidenced on page 11 of the Agreement which is attached hereto as Exhibit IA-.
5. First Union National Bank is a successor by merger to Core. States Bank, N.A.
6. The within judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction but is being entered based upon a commercial
transact/on.
7. Said Agreement has not been assigned since the merger.
8. No prior judgment has been entered in any jurisdiction on said Agreement.
9. The aforesaid Agreement authorizes confession of judgment against the Defendants
upon default.
10. The Defendants are in default on their obligation t~ Plaintiff on the Agreement for
failure to make timely monthly payments of principal and interest owed on the loan obligation.
11. Under the terms of the Agreement the Defendants are immediately liable to the
Plaintiff for the entire principal balance, accrued interest, and other costs and charges as fo/lows:
Principal Balance
$24,032.91
Interest as of 04/13/01
with a continuing per diem
inter~t rate of $7.50 as per
terms of the Note
322.50
Release fees
I 1.50
Attorney fees of 15% as per
terms of the Note ~
(Only actual attorney
fees will be collected
at the time of payoff)
TOTAL
$28,02 I. 95
WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the
Defendants, jointly and severally, in the amount of Twenty-Eight Thousand Twenty-One Dollars and
Ninety-Five Cents ($28,021.95) together with interest Continuing from April 13, 2001 at the per diem
rate of $7.50 and costs of suit.
LIN'ION, DISTASIO, ADA & KAUF~ MAN, P.C.
By: ' '
Counse{ for Pl~i~t]~' -~"' ire
FIRST UNION NATIONAL BANK : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No.
VS
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
husband and wife,
jointly and severally,
Defendants CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
TO: RONALD B. CLIPPINGER
NANCY K. CLIPPINGER
351 NORTH STREET
CARLISLE PA 17013
A judgment in the amount of $28,021.95 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. Thc Sheriff may take your money or other property
to pay the judgment at any time after thirty (30) days after the date on which this notice is served on
you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFF, ORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
4th Floor Cumberland County Courthouse
1 Courthouse Square
Carlisle Pennsylvania 17013
Telephone 717-240-6200
LINTON, DIS SIO, ADAMS & KAU MAN, P.C.
Antho~ R. Distasio, Es~il'c
Attorney for Plaintiff
1720 Mineral Spring Road
P.O. Box 461
Reading, PA 19603-0461
610-374-7320
FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No.
VS
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
husband and wife,
jointly and severally,
Defendants CONFESSION OF JUDGMENT
CERTIFICATION OF ADDRESSES
I, Anthony R. Distasio, Esquire, counsel for Plaintiff, hereby certify that the last known
address for the Plaintiff and Defendants are as follows:
Plaintiff: First Union National Bank
123 South Broad Str~
Philadelphia PA 19109
Defendant: Ronald B. Clippinger
Nancy K. Clippinger
3~51 North Street
Carlisle PA 17013
A s~o, Esqmre
FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No.
vs
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
husband and wife,
jointly and severally,
Defendants CONFESSION OF JUDGMENT
A~'~IDAVIT THAT CONFESSION OF
JUDGMENT IS NOT BEING ENTERED
AGAINST A NATURAL PERSON IN
CONNECTION WITH A CONSUMER
CREDIT TRANSACTION
I, Anthony R. Distasio, Esquire, counsel for Plaintiff, hereby represent that the confession of
judgment filed against the Defendants in the within action, 's not being entered a~ st a natural person
in connection with a consumer transaction, i~ ~o~ ~.e~.~
An stas
Swo~t~.~atnd subscribed before me
this day of 20Ol
Fie Notarial 8e~
nee D. Lenning, Notary Putx~
LMy Comr,~,~n Explre~ May 6.
FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
VS
RONALD B. CLIPPINGER and
NANCY K. CLIPPINGER,
husband and wife,
jointly and severally,
Defendants CONFESSION OF JUDGMENT
AFFIDAVIT THAT THE DEFENDANT
IS NOT IN THE MILITARY SERVICE
PURSUANT TO "SOLDIERS AND
SAILORS" CIVIL RELIEF ACT
OF 1918, RE-ENACTED 1940.
BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared Anthony R.
Distasio, Esquire, who being duly sworn accordin~ to law, doth depose and say that RONALD B.
CLIPPINGER and NANCY K. CLIPPINGER, Defendants are not in the Military or Naval Service,
based on the following facts:
Age of the Defendant;
Present place of employment;
Present place of residence; 351 North Street, Carlisle, Cumberland County, Pennsylvania~ 7013.
ADDITIONAL FACTS, if any,
Sworn to and subscribed before me
th , yof ooi. Y
,,Notary Public '"
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013
TO: RONALD B. CLIPPINGER DATE:
NANCY K. CLIPPINGER
3:51 NORTH STREET
CARLISLE PA 17013 RE: FIRST UNION NATIONAL BANK,
Plaintiff
V.
RONALD B. CLIPPINGER et al,
Defendants
NO.
You are hereby notified in accordance with the Pennsylvania Supre~ne Court Rule #236
and #1:519(c) that Judgment has been enlered on a
( ) Final' ~rder*
( ) Decree Nisi *
( ) Verdict *
( ) Certified Transcript from
( ) Default
( ) Stipulation
( ) Arbitration Award
(XX) Confession of Judgment Complaint
( ) Transfer from Berks County, Pennsylvania
Court or Common Pleas
and entered to No. against RONALD B. CLIPPINGER and NANCY K.
CLIPPINGER, Defendants, concerning Civil Suit No. on
~$0~_.! _in the amount of .'I..M'... e.nty-Eight T.h...ansand Twenty-One Dollars and Ninety-~ve Cents
2.8,021.95) together w~th interest eontinuin~ from Anril
an(l costs of' suit. o r , ,~,~L nL mc per mem raw, or :~7.$0
· * And that a Certificate has benn filed indicating that each of the parties have been notified of the
intention to file said judgment, by the Attorney for the Plaintiff(s) Defendant(s).
Curt Long, Prothonotary
By:
Deputy Prothonotary
CoreStates
SMALL BUSINESS LINE OF CREDIT AGREEMENT
Acco.., C Ciq' i '7 :-'-II ,-.'
DamofAgreemem:,., December 17, 1997
13orrower: Ron'ald B. Clipllinger
Billing Dale:
Pledgor: N/A
Guarantor: Nancy K. C/ippinger
Credit Limit: $25,000.00
herein, shall J~r,J~;L~. Unless other,,vise specifically staled, the following terms, when capitalized and used
have the meanings indicated:
"Acceleration" means [hal of the Obligations have become immediately due and payable under the provisions
o£Paragraph 17 of this Agreement.
",Account" means the Small Business Linc of Credit Accoum idemified by the account number specified above.
"Agreement" means this *":mall Business Line of Credh AureemenL including any ',~'rit~en amendments and
modificalions.
"Agreement Date" means the dale of this Agreement specified above.
"Authorized Representatwe means (a) d'B°rr°wer is an individual (including any individual who may conduct
business under one or more fictitious names). Borrower or an). person authorized to obtain Loans on behalf of Borrower
under a power of a~tomey which has been delivered to and accepted by the Bank: (b) if' Borrower is a corporation, any
representative of'the corporation authorized to oblain Loans on behalf of Borrower under resolutions of'Borrower's board
of directors, certified copies of which have been deli,, ered lo and accepted by the Bank: (c) it'Borrower is a parrnership.
an.*.' representative of the partnership who is amhonzed lo obtain Loans on behalf of Borrower under a pannersbip
authorization which has been delivered to and accepled bv the Bank: (dl i£Borrower is a limiled liability company, any
representative of the Borrower who is authorized to ~btain loans on Ihe Borrower's behalf unde;
Borrowers' members, certified copies of which have been ·
an)' person whom the Bank in good fa th bel',,.-,--: ....... del!vered to and accepted bv the Ba I~- --.,. ,_~s. oludons of
continue to rely on the authori~ O£an Authorized RepreSemalive until the Bank receives wrinen notice in accordance
Lo..., ,,. u~-anoruorrower. The Bank may
with Paragraph 21 of'this Agreement that such amhoriry has been dui.,., revoked.
"Bank" means CoreStates Bank. N.A.
· "Bank!rig Day" means an.,,, da)' other than . .
which the Bank s operations a~ sub<,,.,'-.,. . a Sazurda). Sunda). legal holida,. ,a, ...... . _
the Bank's cont,~ ....... ~.~-) cunaded due lo na ural d sasler -- ---'- -"- ..... .eu o7 tile Bank or a day on
"Billing Date" means the date specified above for purposes of billing imerest and mher items with respect to
Ihe Account. If'. in any calendar month, that dale falls on a da,,, other than a Banking Da,,., the Billing Date will be the
Banking Day immediately preceding that date. '
"Billing Period" means the period which begins on the Billing Date in a given calendar month and ends on the
2
da.¥ ~'hJch Jmmediatel.¥ precedes Ihe Billing Date in thc following calendar m~nlh.
"Borro~¢r" mean~ each of the ~ndi¥iduals or organizations identified above as Bo~owcr.
"ChecL" means d I.~nc. ~'C'rc'd~ check used to obtain a Loan.
"C'~dla~r;l" nleaz ~ ~,~c real md ~r p~rs~na prope~., ffan), idem fled in Section ~
an~ ~ an~ real. or personal property n .,.....,.. '~'mcr~sL ~ the c~e ma~. be. to sec e ...... o~...m or ~,n ~, h~ch
m~c~cdncss ot any Obli 'or ~"~ ...:-re~ ..... ~ or ne~aner pledged bv ~ Oki; ..... ~ :-~ mom ut [1~' Obhga~ns
"Credi[ Limit" means [he dollar amount speci~ed above.
"Guarantor" means each of thc individuals or org~i~lions idcmi~ed above as Guaramor.
"L~nc. oFCredi~" means ~he linc of credit described in Paragraph 2 oflhis Agrecmenl.
"Loans" means advances made by he Bank ro BO~wer under this Agmemem.
"Obligations" means ~he unpa d bal~cc
~os~s and expenses pa)'able b~ B ........ ~faJl L~s ~d all acc~ed ~d · ·
hm~ed ~o. an~' fec~. er--- ' ~ ....... Unoer the te~s ofthis A~e~ .. un~a~ ,nt~sL together wi~h all I~c .
- .,p;.ses anu charges described in pamgmph I~ ;'
"Obligor" means each Bonower and each Gua~[or.
"P;)'mcm Due Date" means ;he date on which each mqui~d pa)'men[ on ~he Accoum is due.
"Pledgor" means each of;he individuals or o~i~dons identified a~ve ~ Pledgor.
"Prime Rate" mean~ ~e highest prime rote published in the "Money Rates" table
documem or agreement which ,,~v-- .~ ~ ...gage: secun~, agmcmem, pledge, assignmem aereemcm or sim/Jar
~ ~a me ~an~ rights m ~e Cofiate~l.
"Te~inalion" means te~na[ion of the B~k's commitment ~o lend under Ihe provisions of Paragraph 15 of
[hl~ ,~greemem.
2. ~mmi~em ~o Lend ~Lin~. of C~dit). Subject Io (he [e~s ~d conditions ofihis Ae~emem. the BanL
hereby, eslablishes a line ofcffdi/for Boffo~er ~d ag~es Io m~e L~ns ~quesled bY (he Bo~w
Dale until Temina[ion it being unden[ood that the B~k ~all not ~ ~ m~d to ' er ~m ~he Ag~emen
amoum ofall oulsland ~ Lo~s aa-- ,' · -- q ' honor an). L~n ~uesz iflhe principal
aluresa~d ~c~s and condilions. ,ct g~vmg e~/ect Io ~e ~ues[~ L~. would exceed the C~dil Limil Sub'e
.... ' .
Bo~wer ma~. bo~ow. ~y ~d
Limit. ~rrox~er aorees [ha each Loan re ue up to ~d including the amount ofthe Crcdi~
ackm~.lcdge~ that ~e "Loans"i ...... q. sted wdl be used b~' Bo~ox~ ....... ' .
. ,,~,uec au ad, ances to BO~wer under this A,,L~:~ ~rar~'ness pu~ose~.
Ihe Ob ,,~ , ~OWer's Promis~ ~ Pay The Bo .......
on deman ~ .... a.._~ r "" m s AgreemenL whether the .,'. ~'~'u~meUanKcachandalln~
~'~'e-" ~.~- --~ ,uc o)' re,on ofAccelera~ion ~r,~... :_ _ Obhgatlons have a s~a ed d
~c~ank'sri~h~sund ..... r~ · ."'~qmre~'O~erObligorzo ay- . ~-..~n~ ~O~werlopa~'allofd~,
4 ~araqter's Liability. ~e Guar~zor unconditionally and inevocabl¥
~ he,her b~' stated due daze. domed or~ccele · ' . promises
no~ a gu~ o~coUec[~on. ~ 'r,~.~ _ m[~on) each ~d all orthe Obbea[io ~; . to pa~' ~'hen due
d i.~.~ c aa more [h~ one Guitar ~,~ ~ - ns.: ..:s ~s a gu~. o~pa~'mcm and
. -' . ' . ' . . '. . . . ...... uua~mor ~s Jo~nll~. and severall), obligated
~ ~ -,~- u~Cmoes a dl~cl economic ,~ ~_ .c :~ ,,-~ wn~mer or not [he~ is an · consid '
3
5. Co ateral Identification: Pledeor's Res~i~;biljt:..~. As secud~ for repaYmem oflhe Obligations the
Bank is being ,'iron a lien or mona, age on. a security interest in ut a pledge or assignment of the f'o I
personal propen.~ Collateral. ~¥h~ch ~s more Particularly described i. d, ...... ,_ . . Owing rea and/or
~ unsecured, insert "None"l.~ "' ~',~ ,~pF,J~.aole becun[~ In$1rumen! (ffthis Accounl
also an Obj,=or P~edgor s habd~t.~ for Pa`.ment of the Obhgat~ons ts hmtted o ledgor s interest tn the Collateral Each
Pledgor agrees that it'there is any dc£auh under th s . .
exercise an~' or all of its r ,,h,~ .:..~_ . Agreement or an) Secunt). Instrumem d.. ,, ·
. nt --.,,,,,u~ ma~n§ an}, erfurt lo obtain pavmem ofan~, of Iht
osCrrhba]:'~t~l~r°asma'~'~esOa~ldlg~e~ oe~l~ea;~r° fhlahse reBca~e~'s .rights under any other Security Instrumen Th ,
other consideration in e,~.--,,. -' -. e~ven or will rece vc an,...~ .... -. -. · c Pledgor
6._ Col .........:,s ,~pp~zcaole becurn). Inslrumem.
procedures' ~[~iJ~l~'J~d:gJL~ · Loan Reouesls may b- ---: ~ .
~ . c ,zaue o.~ an)' uotrower under an)' of the foJlnt~'ing
(al ~. The amount ofeach Check must be al least $250.00. Thc, Bank ma.~
ret'usc to honor an) Check it':
- It is receis'ed by the Bank after Termination;
- Honoring the Check would cause the total o£all Obligations to exceed the Credit Limit:
Checks may not be used to make any payments due t -
Check presented by the payee thereof or other third° the Bank under thts Agreement. The Bank may refuse Io cash an.,,.
· ' ' ' ' party.
must be given in time for the Bank to act upon it and must state the exact amount, exact date and precise identit`., of the
An.,.. Authorized Representative of'BorrOWer may stop payment on any Check. A stop payment order
pa.~ ec ol'the Check. Oral stop payment orders must be confirmed in writing within 14 days.
accounts. Checks are subject to the same Rules and Regulations as apply to the Bank's business checking
at an`. branch -"'~-¢,b)n . ~~. Any Authorized Representat ve of Borro~ermay request Loans in person
thc J~ank. u~ m~: ~anK. Loans requested ~n person must be deposited to Borrower's business check/n,, account with
~uto~ated Teller Machine A.uthor'zafi~.~. Borrower may also obtain Loans b~ usin,, an
authorized automated teller machine (AT,Il Card For Business and personal identification number (PIN) at ans. ATM
~ ~ich pcmlits such transactions. The m n mum and ' .
a~re suhlec! to the policies ortho insti u ',, ' maximum Loans Bon'o~ er may obta . - .
ucpos~ted mtn Borro~`..--'* ,- · .tt~n. ~ h~ch con~'ols the ATM. Borrow,-, ,,,.~ · , n .at a~) one t~me or tn one
Bank,n,., ,.,a uusmess cneckmg account with the Bank)thr~l~'tl~'~a~'~s,O ootam Loans (which must
. e ,-~w~ Card For Business Telephone
. Service. Sec the ATM Card For Business agreement for additional conditigns and details.
] It" this box is checked. Borrower authorizes the Bank to add access to Borrower's Ac'court! to
Borrower's existing ATM Card For Business number
(d) v r.Q~r~.
]Il'this box is checked. Borrower authorizes the Bank to make Loans to Borrower lo pa.~ an.~ ceck
or unpaid service Charge on Borrower's business checking account No. When thc balan,c.c
ut' that account is insu~cient to cover such item(s). Loans will be credited to Ihe account in the lesser of(i) Ink, cst
mulhpJe nfs 100 necessar? to cover the shortage: or (ii) the available credit under the Borrower's ACCount.
7. ~_L The Bank shall establish the Account for the purpose of recording and evidencing
amount of the Obligations due and owing from time to time. Loans made by Ihe Bank shall be recorded as debits to the
AcCount and paymems shall be recorded as credits. The Account shall also reflect, in accordance with customary.
practice, accrued interest, fees, expenses and charges payable under this Agreemenl. The Bank shall send Borrower, al
4
the address provided herein, a monthly statement of the Account. which shaU specify the Payment Due Date and which
shall be presumed complete and correcL except to the extent shown by the Borrower to be manifestly en~neous. Except
as required by law. the provisions of Federal and State consumer credit laws. such as the Federal Truth in Lending Act.
shal~ not apply to the Account. A though the Bank may voluntari s' ~ .
handling of the Account and in nrovidi .......... _'.-.L , o ol ow some ofthe requirements ofsu ' ·
shall not be interpreted as '- n~ s..~..,.,~,,~ u~me ,"-ccount and rela ed information tk;o ...~ ..... ch laws. tn its
the Bank's agreement that such laws apply to the Account. . ...... umnlag~, compliance
8. Renuired Pavrneqt~. Prior to Termination. reqmred pavments will be due on the Payment Due Date
as follows: -.
(a) monthly payments of accrued interest determined in accordance with Paragraph 12 of this
Agreement; and '
(b) fees. expenses and charges payable under Paragraph 14 of this Agreement.
9. Reouired Payments After Terminatio.. Payments required under this Agreement after Termination
(provided there has been no Acceleration) w I be due on'the Pavment Due Date as fi ·
of accrued interest determined in accordan ,. · ~. o ...... -_ _. ollows. (a) monthl, avme
payable under Paragraph 14 ofthis Agreemen~ v, ....... ,,graph ,,: ot mss Agreement: (b)fees. expenses ~)t~ chare;e~
following the month of Term nat on, each o f whicanhd (c) monthly principal payments, beginning in the month immediately
· - shall be in an amount determined as follows, based on the outstanding
prmctpal balance of the Loans at the time of Terminatthn:
Loan Balance at Termmatio,, Momhlv Princioal Payment Amo~pj
$10,000 or less
S I 0,001 to $25,000 I.'24th of Loan Balance
$25.001 to $50,000 1/36th of Loan Balance
More than $50.000 I,'48th of Loan Balance
1/60th of Loan Balance
I. pon Acceleration, all outstanding Obligations shall be immediately due and payable ns provided in Paragraph
17 of this Agreement.
I 0. Ontinnal Pavmemx Thc Borrower may. at any time make an.,,, payments of principal on the Loans in
excess of those required under this Agreement without premium or penal~,...
I I. ,~X,I~~,~. Payments of the Obligations may be made as follows:
(a) ~,utomaric Charee lo Dennsit Accoun].
] If this box is checked. Borrower hereby authorizes the Bank to charge any and all required
payments of the Obligations to Borrower's deposal account at the Bank. number I 6--L~..~.O.Z.0.4~. This authorization
does not modify the Bank's right ofsetoffor i~ securip,, interest in deposit accounts as provided in Paragraph 18 of this
Agreement. This authorization is not required in order ;o enter into this Agreement or to open or maintain the Account
and may be revoked by Borrower by givin: Written notice to the Bank not less than f~fieen (15) days before the next
Payment Due Date. ' ' ~
When the Payment Due Date falls on a day which is not a Banking Day. the transfer will be made on'thc next
Banking Day. Bon'owar agrees to keep a balance in the deposit account identified above sufficient to coy
~.~_n~.m,,um payment w..hen due. If Bon'ower fails to do so. the Bank . · er each monthly
,-',,:,,~ oorrower sna, make payments bv check in a ordain- ,~a.x terminate the automanc payment service in w '
cc ..... e ~ ~th Paragraph I I(b). . htch
o£ the (b).. P~lvment .bv Che?. - Payme~ .ofany portion o£the Obligations may be made at an
Bank or by marling Borrower s check to the reading address provided in" · y branch
Account. oortower s monthly s~atement of the
12. lnteresL Interest shall be payable monthly as billed and shall accrue on the outstanding principal
balance of the Loans until the Obligations are paid in full in accordance with the following:
(a) [] Ifthis box is checked, from the date of this Agreement through the end ofthe NIA month
.5
thcr~.'afier tthe "lmroducto~ Period"). at a fixed rate of~q/A % per annum. '
lb) :',. fter any Introducto~. Period and prior to Acceleration. ail.?4000 % per annum ~n excess
~,t' the I'r~me Rate The interest rate ~ ill change on the same date the Prime Rale changes.
After .Acceleration. at 4._~_q % per annum in excess ofthe Prime Rate. The inlerest rate ~ ill
13. Cemoutnt~n of Accrt~ed Interest. Interest shall accrue on a simple interest basis and shall not be
compounded. Interest shall be ca culated on the basis ora 36S-day veer (366 days in leap yearsj and shall he charged
I'or thc actual number ot'day~ elapsed during each billing period. ° ° '
14. ~e~es. Exoenses and Char~e~,
ia) ~ - On or prior to the Agreement Date. Borrower has paid the Bank an
origination fee ~n the amount of ~ The origination fee is non-refundable and is deemed to be earned bv the
BanL upon receipt.
lb) ~eimbursed Costs and Fees Incurred By the Ba~k. Borrower shall reimburse the Bank upon
request for lien and title search costs, appraisal costs and filing and recording fees actually incurred b,v the Bank. These
payments b~ Borrower are not refundable.
lc) ,~nnua~ Fe/. - On each anniversary of the Agreement Date, the Borrower will pa)' the Bank
an annual fee in the amount equal toj~% of the Credit Limit (minimum fee $250.00). This fee represents payment
b,. Borrov, er tn ad~,ance, for use of the hne ofcretht provsded under th~s Agreement. Ir'the effective date of Termination
occurs, less than one yum' after the due date of an annual fee, Borrower will be entitled to a pro-rata refund of such annual
fee payment, said refund to be applied as a credit against any then-existing Obligations or refunded to Borrower if there
are no such Obligations. The imposition of an annual fee does not' ti) modify the right of any party Io gis. e notice of
Tennsna,on as pros'ided in Paragraph I$: or (ii) change the effect of any such notice of Termination.
(d) Late Payment Charge. - Prior to Acceleration. ifan~ required payment is not received by the
Bank on or before the ISth da,.' foUowin-, a Payment Due Date. Borrower will pay a late payment charee equal t~ the
great,.'r of 5% of the required ~ayment o~ S20.00. but in no event shall such late payment charge exceed S I00.
order ~s placed. SJon PO','ment Fre - A fee of $20.00 will be charged for each check on which a stop payment
~umed Cheek Fee - If the Bank does not pay a Check for an,,. pormined reason. Borro~ er
~11 pa.~ a returned Check l~e of $20.00. - .
te~' bS~ ~r(~0dlted to th~'~',, c c o u nRi ~ ~euLeea~ uml~;~ ,~d:' ~o r lafnayC hreea~C ~ n .d. B f io n.O ~ ~!~rn ,,e,?; I~ ~ae.~ SaU~b ~lui~dd t ~ ~1 eBna~ ~ r oaSc ~ sps~.,n, i~n~
Ch) ~ - A fee of'$4.00 will be charecd for any Loan of less than S2~0 00
including overdrat'~ protection transfers under Section 6(d) above. -
{i) ~aYmem Histor',"Account Analysis 1~i~ - A fee of $10.00 for each request for a written
pay men hlsto~ or an analysis ol.the Account. No fee will be imposed il' Borrower's request is made in connec~mn ~,.'i~h
Borro~ver's bona fide assertion oran error by the Bank or other dispute with the Bank concemin~ one or more pavmems.
(~) D~cument Convin~ Fe,~ . A fee of ST.00 per hour will be charged for reproduction oF
staterooms, checks or other documents related to the Account. No tee will be imposed to the extent thc request is made
~n connection ~'~th a Borrower's bona fide assertion of an error by the Bank or other dispute with the Bank as to
paymcn s or advances on the Account. ·
(k) Collateral Adminis~ation Costs and Exo~ft,,:.~:. Without implying any I mitation or modificalion
ofan.v other provisions o~'this P='~sraph 14. Borrower agrees to pay on demand any ~osts or expenses actually incurred
(
h.~' the Bank to administer, perfect, preser',.e or protect the Bank's interest in' any Collateral or to compl,,, with an,,.
apphcablc law or regulation with respect to an.v Collateral. ' ·
(Il C~llection Costs and Exoense,~ - After Acceleration. the Borrower will pa!. to the BaaL. on
d~.'mand..~1] ct~sts and expenses, including reasonable attorney's fees. incurred bi' ',he Bank in enforcing an.,.' or all o1'
r~ght~. ~md r~.'mcdtcs und~.'r th~s Agreement or an.,,' Security Instrument.
Fees ~mposed under sections (c} through th) above will be added to the principal balance of the
Account as additional Loans.
15. Ten'ninat~n. Thc Line of Credit and the Bank's commitment to make Loans shall ternt~nate ut thc
earliest of thc following times:
(a} T~e close of business on the fifteenth (15th) da.~' following receipt b!. the Bank of written
not.ce of Termination from an~' Ob got or an~' Pledgor:
(b) The close of business on the date specified in the Bank's written notice of Termination to each
Obligor and each Pledgor. it being understood that ti) such notice mas' be given by the Bank at any' time and for ans
reason whatsoever, and (ii) the date specified must be not less than 60 d~vs after the date on which the Bank's notice
sent.
(c) When the Bank receives notice that ti) any Obligor or an)' Pledgor has filed a petition for
relief as a debtor under an~, bankruptc.,,, or insolvency law, or (ii) any such petition has been filed against an.~' Obh~zor
or an.~' Pledgor and not been dismissed within 30 dab, s: or -
~'~greement. (d) When the Bank gives written notice of Acceleration as provided in Paragraph 17 of this
If. under an). provision of subparagraphs 15(a)-(d) above, an',. Termination would become effective
on ;~ther than a Banking Da.~'. such Termination will automatically become alT;clive as of the close of business on the
next Banking Da~' after such effective date.
16. Events of Default. Each of the following shall be an Event of Dcfauh under this Agreement:
(a) The failure of the Borrower to pay any of the Obligations when due:
c . . (b) If any representation, statement or cea fication bv any Obit or contai ' ,'
onncctton with this Agreement or ifan~., representat on by any I) ,.,da~ -. ,. g. ned In or given in
Sccuritx Instrument '" - - -., -.., .... bvr contameo In or given in connection with ans.
.' snail be untrue in an'.' material respect;
(c) If any Obli,,or shall fail to comply with any ae'reement with the Bank. or if ans. p edtz, or shall
fail to compl.~, with an.,., agreement in an.'.' Security Instrument;
(d) Ifthe Bon'ower shall incur or permil to exist an.,,' indebtedness for borrowed mones (other
than indebtedness to thc Bank) except for ti) indebtedness in connection with consumer loans not relatec~ to the
Borrower's business, and (ii) other indebtedness for borrowed mones' in an aggregate principal amount which
exceed 25°,0 of the Credit Limit; ' does not
(e) Ifthcre shall ex,st, at an.,,' time. an), material liens or encumbrances on the Collateral other
Ih.'m that created b.,.' a Sccurit~ Instrument and the following (it'none. insert "None"):.~~
(f) If. in the reasonable .judgment of the Bank. an,,' Obligor or ans Pledgor is or becomes
~nsol'.'ent or gcnerall.v unable to pay his. her or its debts as they become du~: '
(g) It'an.~/Obligor shall default in the payment of any material indebtedness for borrowed rnonev.
or if there shall be entered against an), Obligor any judgment;
th) If any account of any Obligor at the Bank or any property of any Obligor held bs' the Bank
7
shall be subject to any attachment, le~. or garnishment;
(il If any Obligor 6r an.,,' Pledgor shall file a petition under any bankzuptcy or insolvency law,
or if an? such petition shall be filed against an,,' Obligor or any Pledgor and not be dismissed within .t0 days;
(j) Ifan¥ Ob gor which conducts business shall cease to conduct business or shall materiall)'
alter thc nature of its business;
(k) Il'an.,,. Obligor who is an individual dies;
(I) If an,.' Obligor shall fail In promptl.,,' prn,.'ide an.,.' financial statements or other financial
information reasonably requested b? the Bank;
(m) If thc Bank shall become aware of ant' facts or circumstances which, in the reasonable
.judgment of the Bank, have had or are likely to have a material adverse effect on the financial condition, income, cash
flow, business prospects or general crethtwonhiness ot' any Obligor:
(n) Ifthere shall be. with respect to any Obligor which is not an individual, any change in control.
as that term is defined in Rule 12b.2 under the Securities Exchange Act of 193,1. or if any such Obligor merges or
consolidates with another business entity, sells an.,,' substantial portion of its assets or dissolves, liquidates or commences
any form of dissolution or liquidation, or enters iron any agreement to do any of the foregoing:
(o) If there shall be an). default under an)' Securit)' instrument, even if'such default is not an
Event of Default under this Paragraph 16; or
(p) If the Bank reasonablv determines that any Securi .t7 Insmzment does not represent a perfected
lien on. interest in or pledge ofthe Collateral or t~at there has been a'material adverse change in the market value of the
Collateral.
17. ~.g.c. rdrd:aLJ~. Upon the occurrence of ant' Event of Default referred to in clause (il of the preceding
Paragraph. all of the Obligations shall automatically becom~ immediately due and payable without any demand, notice
or declaration by the Bank. Upon the occurrence of an.~. other Event (~f Default, or at any rime thereafter during the
continuance of such Event of Default. the Bank mat'. at its option, declare all of thc Obligations to be immediately due
and payable by sending written notice of Acceleration to Borrower. Guarantor and Pledgor in the manner and ;o the
addresses pmvidad in Paragraph 21 of this Agreement. Upon Acceleration. and at any lime thereafter, the Bank may
exercise any or all of'its rights and remedies under applicable law against any Obligor and under any Security Instrument.
The Bank may. at its option, exercise or decline to exercise, without waiving, any such rights and remedies, and may
exercise them simultaneously or in any order whatsoever. The previsions of this Paragraph 17 shall be applicable whether
or not there has been any previous Termination pursuant to Paragraph 15.
18. Riehl of'SetotTand Securin, Interest in Deoosit Accom, i, Each Obligor acknowledges the Bank's r~ght
ol'setotTagainst deposit accounts of such Obligor and a~,ainst an,,. other amounts which may be at any time owed by the
Bank to such Obligor. In addition to the foregoing, each Obligor grants to the Bank a securilv interest in and lien upon
any deposit account at the Bank in which such Obligor has an imerest. The Bank's righL~ and remedies under this
Paragraph 18 may be exercised upon or alter Acceleration or upon or after the occurrence ofan Event or'Default referred
to in clause (h) in Paragraph 16 ofthis Agreement.
19. Waivers Bv Oblinor and Plednor. In addition to the other waivers and consents in this Agreement, each
Obligor and each Pledgor acknowledges and agrees, to the extent permitted by law. that its liabilil7 under this Agreement
is unconditional and shall not be diminished, impaired or postponed by (al th~ banluuptc:~., insolvency or change in legal
status of'any Obligor or any Pledgor Co) the Bank's failure to obtain ~uch Obligor's or Pledgor's consent to, or to give
notice of(i) any waiver, f'otbearance, indulgence or inaction by the Bank with respect to the
the Loans or the Obi lions or w th res . . . . Account. the Line of CrediL
8a peet to the Bank s remedies age nsf any Obi got or under any Security Instrument,
(ii) any agreement between the Bank and Borrower to modifl.' the terms of this Agreement, oth;r than a modification
which modifies such Obligor's or Pledgor's right to terminate the Line of Credit pursuant to Paragraph 15 ot which
increases the Credit Limit, or (iii) any misrepresentation by an)' Obligor or Pledgor, or any other Event of Default: (c)
the release fi'om, or the limitation ot'lJabili~7 of. an.,,, other Obligor or Pledgor; (d) any impairment of'such Obligor's ot
Pledgot's right of recourse, subrogation, indemnification or contribution against or with respect to any other Obligor or
Pledgor;, or (el the unenforceability ofany prevision ofthis Agreement or any prevision of any Security Instrument
(
a,,a~n~ any other Obligor or Pledgor. Each Guarantor and each Pled or a ree that · . ·
subr0gatmn which they may have against Borrower unt t ,,r,k. n~g~(,;_~.. L th.ey w II n. ot exerc,se an.~ right of'
credit has been terminated al ....... ,-,u,aatJons nave oeen pa~d m lull and the line o£
20. Remstatemem ofOblieation~. Ifand to the extent that any payment or reduction of'the Oblieations is
rescinded or must be rem~ned or d sgorged by the Bank. as a result of any Obligor's or Pledgor's bankruptcy, insolvencv
or otherwise, the Obligations so paid or reduced shall be deemed to be reinstated for purposes of this Agreemenl.
each Obhgor and Pled,'or shah be obli~,ated and have abiliw therefor in accor ..
except tu the extent ~roh~b cd bv a~nlicable lay. .... ' - dance v,~th the terms or'this Aercem
termmaJmn of a Security nstrum'em".~.~. ,,;_L,-_~. '['L ,~,,e event tl~at.any.Obhgat~ons are reinstated subse u em
2 I. Notice~ All notices under this Agreement shall be in writing. A notice ofterminalion given by an}
Obligor or Pledgor shall be effective upon actual receipt thereof by the Bank at the address shown below. U'nlcss
otherwise expressly provided, all other notices shall be effective when sent via prepaid first class mail or recognized
nvcrmght courier service, addressed to [he recipient at the address shown below.
Ifrothe Bank: CoreStates Bank, N.A,
Revolvine Credit. p. O. Box 16022
Readina. PA 1960~
Ifto Borrower: Ronald B. Cliunin~gr
351 North Streeg
Carlisle. PA ! 7013-2220
Ifto Guarantor: Nancy K. Ciinpineer
351 North Street
Carlisle. PA 17013-2220
Il'to Pledgor:
Any pan.,,, may change its address for purposes of this notice provision by giving notice as provided above to each other
party.
b~. thc B~wer so~ EEaacChhOBl~l~)gOwr~l~pe~ec;e;t~et.,~aOt hw;iPcr~:ead~oO~;araCthioLn.O~mSihlea~I lib~ab~i~~
rt
company or a general or limited parmership represents and warrants that it is validly existing and in good standing i~
the .jurisdiction under whose laws it was organized. Each Obligor and each Pledgor which is a corporation or limited
liabili~, company represents and warrants that the execution, delivet~ and Performance or'this Agreement (and as to each
Pled~,or. the applicable Security Instrument) are w th n ts organizational owe
necessa~., action by ~ts board of dire ,~ ~,,. ^re ..... ,. p. rs. have been duly authorized by a
contravention ' ceo.. ,... ,,,,,., ,,cmoers, m the case ora hmJted liability company), and are not ilnI
or'the terms of its charier, by-laws, any applicable operating agreement or a~y resolution of such board
of directors or members. Each Obligor and each Pledgor which is a partnership represents and warrants that the
execution, delivet~, and performance of this Agreement
' (and. as to each Pledgor. the applicable Security Instrument)
have been duly authorized and are not in conflict with any provision of its pannership agreement or ceni~ate of'limited
partnership. Each Obligor and each Pledgor represents and warrants that this Agreement and each Securi~ Instrument
to which an)' Obligor or Pledgor is a party have been validly executed and are enforceable in accordance with their
terms that the execution dehvery .and. perfo.rmance of this Agreement and .such Seeurny Instrument not in
~ontraven.,o~ of law a~d do not conflict ~th any mdanture, agreement or undertaking to which such Obligor orarepledgor
· ry Pertormance ot'th~s Agreement or such Secunw Insm~mem. E.~ch
or'the foregoing representations and warranties is made solely for the Bank's benefit and is not to be relied upon by an3,'
Obligor. any Pledgor or any other person.
not ce o~3;otest ~ Each Obligor waives presannneot dishonor, notice o~' '
P - the f'adure nor any delay on the ,,an -,'-,-- ~,- ~ . dssbonor, protest and
I.' usus¢ oanK tO exerglse arl~,,, right, remedy, power or
(
privilege hereunder shall operate as a waiver or modification thereof. No consent, waiver or modification of the terms
of'this Agreement shall be effective unless set t'on.h in a writing signed by the BaAk. All rights and remedies of'the Bank
are cumulative and concurrent and no single or partial exercise of any power or privilege shall preclude any other or
£unher exercise of'any right, power or privilege.
24. CONFESSION OF JT~J'D(:M£NT EACH OBLIGOR IRREVOCABLY AUTHORIZES AND
EMPOWERS ANY A1'TORNEY OR ANY CLERK OF ANY COl JRT OF RECORD, UPON OR AFTER THE
OCCURRENCE OF AN EVENT OF DEFAULT, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST
OBLIGOR FOR SUCH SUMS AS ARE DUE AND OWING UNDER THIS AGREEMENT, WITH OR
WITHOUT DECLARATION, WITH COSTS OF SUIT, WITHOUT STAY OF EXECUTION AND WITH AN
AMOUNT NOT TO EXCEED THE GREATER OF FllaTEEN PERCENT (IS%) OF THE PRINCIPAL
AMOUNT OF SUCH JUDGMENT. OR SS,000. ADDED FOR COLLECTION FEES. IF A COPY OF Tills
AGREEMENT, VERIFIED BY AFFIDAVIT BY OR ON BEHALF OF THE BANK, SHALL HAVE BEEN
FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL OF THIS
AGREEMENT. THE AUTHORITY GRANTED HEREBY SHALL NOT BE EXHAUSTED BY THE INITIAL
EXERCISE THEREOF AND MAY BE EXERCISED BY THE BANK FROM TIME TO TIME. THERE SHALL
BE EXCLUDED FROM THE LIEN OF ANY JUDGMENT OBTAINED SOLELY PURSUANT TO THIS
PARAGRAPH ALL IMPROVED REAL ESTATE IN ANY AREA IDENTIFIED AS HAVING SPECIAL
FLOOD HAZARDS UNDER REGULATIONS PROMULGATED UNDER THE FLOOD DISASTER
PROTECTION ACT OF 1973, IF THE COMMUNITY IN WHICH SUCH AREA IS LOCATED IS
PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM. ANY SUCH EXCLUSION SHALL
NOT AFFECT ANY LIEN UPON PROPERTY NOT SO EXCLUDED.
EACH OBLIGOR ACKNOWLEDGES AND UNDERSTANDS THAT THE PROVISIONS OF
THIS PARAGRAPH 24 INCLUDE A WAIVER OF IMPORTANT RIGHTS WHICH WOULD OTHERWISE
_?.. _OBLIGOR AND THAT DY SIGNING THIS AGREEMENT, EACH OBL,GOR:
~ ~ ~nOKJLINU ItlEBANK, UPON OR AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT,
TO ENTER A JUDGMENT AGAINST OBLIGOR AND IN FAVOR OF THE BANF~ WHICH WILL GIVE
a~- ~ r~ I~r~u eUI~ ~ If AMUUI~IT~ W~rlCH ARE OR M
AGREEMENT; ~a~ IS GIVING ~ THE mGHT TO '~ ~'~ ~ ~A~V ~_Z.C..O.~_Z. O_UE UNDER THIS
B ORE THE I~NTI~V fMr n~r~-~----- ~-- ~u~ u~ urruIt/UNI I-y FOR A HEARING
EF ................... ~z~ ~ uN THE RECORDS OF THE COURT; (C) WILL BE UNABLE TO
CONTEST THE VALIDITY OF ANY JUDGMENT ENTERED BY THE BANK UNDER THIS PARAGRAPH
24 UNLESS OBLIGOR CHALLENGES ENTRY OF THE JUDGMENT THROUGH A PETITION TO OPEN
OR STRIKE THE JUDGMENT, WHICH WILL REQUIRE OBLIGOR TO RETAIN COUNSEL AT
OBLIGOR'S EXPENSE; (D) IS GIVING UP AN IMPORTANT RIGHT TO ANY NOTICE OR OPPORTUNITY
FOR A HEARING BEFORE THE BANK ~V RE~Uen AND USE THE POWER OF STATE
~_O._V.Z?_ ¥?..T .T..O_ DEPRI~ OBLIGOR OF ~ PaOPER~ PURSUANT TO THE JUDGMENT BY
a~t~ UR HAVING THE SHERIFF OR OTHER OFFICIAL SEIZE OBLIGOR'S BANK ACCOUNTS,
INVENTORY, EQUIPMENT, FURNISHINGS, OR ANY PEREONAL PROPERTY THAT OBLIGOR MAY
OWN, TO SATISFY OBLIGOR'S OBLIGATIONS UNDER THIS AGREEMENT; AND (E) OBLIGOR MAY
BE IMMEDIATELY DEPRIVED OF THE USE OF ANY PROPERTY THAT IS SEIZED BY THE BANK
PURSUANT TO THE JUDGMENT WITHOUT NOTICE OR HEARING, AND THERE IS NO ASSURANCE
THAT A HEARING WILL BE AVAILABLE TO OBLIGOR PROMPTLY AFTER OBLIGOR'S PROPERTY
IS SEIZED. FULLY AND COMPLETELY UNDERSTANDING THE RIGHTS WHICH ARE BEING GIVEN
UP AS DESCRIBED HEREIN, EACH OBLIGOR KNOWINGLY AND VOLUNTARILY WAIVES THESE
RIGHTS BY SIGNING THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING, OBLIGOR HAS
EITHER CONSULTED OBLIGOR'S LEGAL COUNSEL OR VOLUNTARILY DECIDED NOT TO CONSULT
LEGAL COUNSEL.
25. CONSENT TO JI3RISDICTION AND VL:N[IF IN ANY LEC3AL PROCEEDING INVOLVING.
DIRECTLY OR INDIRECTLY. ANY MA t ~ hR ARISING OUT OF OR RELATED TO THIS AC]REEMENT OR
THE RELATIONSHIP EVIDENCED HEREBy, EACH UNDERSIGNED PARTY HEREBY IRREVOCABLY
SUBMITS TO THE NONEXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN
ANY COUNTY OF THE STATE SPECIFIED IN PARAGRAPH 24 ABOVE IN WHICH THE BANK MAINTAINS
AN OFFICE AND AGREES NOT TO RAISE ANY OBJEC't~ON TO SUCH JURJSDICTION OR TO THE LAYING
OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN SUCH COUNTY. EACH UNDERSIGNED
PARTY AGREES THAT SERVICE OF PROCESS IN ANY SUCH PROCEEDING MAY BE DULY EFFECTED
UPON IT BY MAILING A COPY THEREOF. BY REGISTERED OR CERTIFIED MAIL. POSTAGE PREPAID. TO
EACH UNDERSIGNED PARTY.
26. J~AIVER OF JURY TRIA [. EACH UNDERSIGNED PARTY HEReBy WAI
JURY IN ANY LEGAL PROCEEDING INVOLV
(WHETHER SOUNDING ~ '~ ........ lNG, DIRECTLy OR . .. VES TRIAL BY
R~T[D TO TH! X~g~ ....... ~ OR OTH~RwI ~ ,~ ......... ~, ANY MA~ER
IS A MATERIAL INDUCEM-~ ...... E RELATIONSHIP EVIDENc-- ...... RISING O~ OF OR
~,~ r~ [HE BANI( TO ~ ~ ~-- n~By. THIs PROVISION
ENTE ..... .O THIS ACR[~M NT
27. ~ Im=li;d Modificazi~,,. Unless ozhc~ise expressly ag~ed in wH~ing:
A~menz ~ cumulazive ~d concu~nz wi~ ~v ~d all ~,~ ...... (i)~e provisions of this
or all oeec undemigned Obligor. Gua~zors-or Pledgor: ~d (ii) no such insZ~mcnr or agreement shall be deemed
zo be modi~ed, canceled or replaced by this Agreement.
invalidi~; ~enf~' Ir ~y provision or Ibis Agreement shall be · ·
~ hall nor affec; ~v other ~rovi '-- ~ ....~. ?Id royal d or uncnfo~cable, su
~y due date s~ifi~ or o~c~ise provided for'in r Si ..... ;U~. except mr ~e Billin- ~ ....... ch
· is Agreement shall raj/on a day which is nm a ~king Day. su~
due ~ze shall be ~S~oned until
acc~e during such ~od
co~=d in acco~c= wi~ ~e laws or~e srmc oT~(including the shall ~ gOvem~ by ~d
Uniro~ Commemial Code
in effm ~ ~az s~re) applicable ~o contracts fo~ed ~d imended ro ~ peffo~ed in ~ar store. ~is A~emem shall
~ binding u~n
No ~i~m~l of H~ or delegation ordudcs under ~is Agreement by ~y Obligor or ~y Pledgor shall ~ eff=~ive
wi~our the prior wfi~en consem OF~c B~k. ' '
IN V,~TNEss WHEREOF, each unde~iB~ed party has executed this *~- ........
hereby, as of the Agreement Daze. ,~r,,~,.~m, mmnamg ~o ~e lega y bound
[Signature of Borrower]..
fSignature of Pledgor]
Ronald B. Clippinger -- -
[Signature of Guarantor]
~, ~ ~" f..~// -~---~ . CORESTATES BANK, N.A.
,,nngv [~. Chomn~er J
LINTON D~ST~sIO ~D~J~ e4-~2-e] e$:';'ip P.e5
P~-~ 85
[, ANTHONY J~NKIN.~, bete~y ~ ~t 1 ~ a ~ 0~ of ~T ~ON
~rm~n and
and ~t M sw ~ ~ subj~ m ~u~ ~ 18 ~. C.S.A. S~on ~ ~a~ m
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02455 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS
CLIPPINGER RONALD B ET AL
DAWN L. KELL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CLIPPINGER RONALD B the
DEFENDANT , at 1850:00 HOURS, on the 27th day of April , 2001
at 351 NORTH ST
CARLISLE, PA 17013 by handing to
NANCY CLIPPINGER WIFE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff,s Costs: So Answers:
Service 3.10
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
31.10 04/30/2001
LINTON DISTASIO ~S ~UFF~
Sworn and Subscribed to before By: % ~ .~
me ~his ~ day of Deputy Sheriff
PrQth~notary~ -
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02455 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS
CLIPPINGER RONALD B ET AL
DAWN L. KELL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CLIPPINGER NANCY K
the
DEFENDANT , at 1850:00 HOURS, on the ~7th day of April , .2001
at 351 NORTH ST
CARLISLE, PA 17013 by handing to
NANCY CLIPPINGER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing ~er attention to the contents thereof.
Sheriff,s Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 04/30/2001
LINTON DISTASIO ~AMS ~UFF~
Sworn and Subscribed to before By:
me this ~ day of ~
~ ~O' A D Deputy Sheriff
·